The maker of Mueller's pasta can continue to use "America's Favorite Pasta" on its packaging after a federal appeals court found the phrase was not false advertising.

A rival of American Italian Pasta alleged the language implied that Mueller's is a national brand or the nation's top-selling pasta. Deceptive factual claims are actionable under the Lanham Act.

But the U.S. 8th Circuit Court of Appeals rejected New World Pasta's false advertising case, finding that "America's Favorite Pasta" is a vague statement amounting to "commercial puffery."

"[T]he outcome of this case might be different if American claimed Mueller’s pasta was the favorite pasta of a specific person or an identifiable group," the court noted in American Italian Pasta v. New World Pasta.

In 2000, the 5th Circuit reached a similar result in holding that one pizza maker could not prevent another from using the slogan "Better Ingredients. Better Pizza." Pizza Hut v. Papa John's, 227 F.3d 489.

6/12/04

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